Thursday, June 29, 2006

Civil Rules Committee Approved Proposed Rules and Forms Amendments and New Rules

Here's an update from the U.S. Courts Web site regarding recent action taken by the Advisory Committee on Civil Rules:

At its May 22-23, 2006, meeting, the Advisory Committee on Civil Rules considered comments on proposed rules and forms amendments published for comment in February and August 2005. The Advisory Committee approved: (1) comprehensive style amendments to Federal Rules of Civil Procedure 1-86; (2) "style-substance" amendments to Civil Rules 4, 9, 11, 14, 16, 26, 30, 31, 40, 71.1, and 78 (rule amendments separate from style project); (3) style amendments to Civil Rules 16, 26, 33, 34, 37, and 45 governing the discovery of electronic information; (4) style revisions to Illustrative Civil Forms; and (5) proposed new Civil Rule 5.2, which implements the E-Government Act of 2002. The Advisory Committee will transmit the proposed amendments and new rule to the Committee on Rules of Practice and Procedure with a recommendation that they be approved and transmitted to the Judicial Conference for its consideration.

The Advisory Committee also approved for publication: (1) proposed new Civil Rule 62.1 on Indicative Rulings; (2) a proposed amendment to Civil Rule 48 on jury polling; and (3) proposed amendments to Civil Rules 13 and 15 governing the right to amend a pleading. The Advisory Committee will forward its recommendations to publish to the Committee on Rules of Practice and Procedure for consideration at its June 2006 meeting.

Finally, the Advisory Committee considered reports on proposed rules amendments governing time computation, depositions of witnesses testifying on behalf of an organization and disclosure of expert witness testimony, the effect of a motion for attorney's fees on the time to appeal, summary judgment, and notice pleading.

According to Professor Tom Rowe, "this month the Standing Committee sent the restyled rules on to the Judicial Conference with a recommendation that they be approved and forwarded to the Supreme Court. Thus the restyled Civil Rules are on track to take effect December 1,


Post a Comment

<< Home